What new rules for subletting a tenant-owned apartment have applied since 1 July 2026?
On 1 July 2026, 7 kap. 10 and 11 §§ bostadsrättslagen were reworded (SFS 2026:776). This is how they read today. Hyresnämnden (the Regional Rent Tribunal) can grant permission if you have good reason and the association has no justified ground for refusing. Earlier sublettings are taken into account only if they were substantial. If the apartment is not used as a permanent home, or otherwise not to a noteworthy extent, each letting counts as independent use and requires the board's consent. The new second paragraph of section 10 does not apply to lettings made before 1 July 2026.
So for a tenant-owned apartment, having a reason is enough. For a rental apartment, jordabalken (the Swedish Land Code) requires noteworthy reasons, and Sveriges Domstolar describes the rules for tenant-owned apartments as more generous. On the same day, privatuthyrningslagen (2026:772) began to apply to new tenancy agreements.
Source: Bostadsrättslag (1991:614), 7 kap. (riksdagen.se), Sveriges Domstolar: Hyra ut bostadsrätt i andra hand, Privatuthyrningslag (2026:772) (riksdagen.se). We have not retrieved the wording of 7 kap. 10 and 11 §§ from before 1 July 2026, so the guide does not compare against it.
Are you allowed to sublet? Answer step by step
One question at a time. The answer leads you to the next question or to a result, with the legal provision under each question.
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Question 1: Will someone else live in the apartment independently, with or without rent?
Yes: This is subletting and requires the board's consent. Go to step 2.
No: If you only let out a room and stay in the apartment as your permanent home, consent is generally not required. The next step is the agreement. Go to step 5.
7 kap. 10 § bostadsrättslag (1991:614), checked 3 October 2026
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Question 2: Read the articles of association. Does the association charge a fee for subletting?
Yes: The fee may be at most ten per cent of the price base amount per year and apartment. Go to step 3.
No: Then you pay no such fee. Go to step 3.
7 kap. 14 § bostadsrättslag (1991:614), checked 3 October 2026
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Question 3: Does the board say yes to your written application?
Yes: Good. The next step is the agreement. Go to step 5.
No: Then hyresnämnden can consider the matter. Go to step 4.
7 kap. 10 § bostadsrättslag (1991:614), checked 3 October 2026
Template: Application for subletting to the association's board
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Question 4: Do you have a reason, and does the association lack a justified ground for refusing? Reasons can be work or studies in another place, a trial period of living together, letting to a close relative, an apartment bought ahead of retirement, or that it is hard to sell. Apply to hyresnämnden with the board's refusal attached. Do you get permission?
Yes: The permission applies for a set period. Go to step 5.
No: Then you may not sublet.
7 kap. 11 § bostadsrättslag (1991:614), checked 3 October 2026
Transitional provisions law amending bostadsrättslagen (2026:776), verified 5 October 2026
Template: Application to hyresnämnden to sublet the tenant-owned apartment
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Question 5: Write the tenancy agreement. For agreements from 1 July 2026, privatuthyrningslagen applies: the tenant may always give notice for the end of a month at least three months after the notice, and the notice must be in writing.
Then: The next step is tax. Go to step 6.
6 kap. 1 och 2 §§ privatuthyrningslag (2026:772), checked 3 October 2026
6 kap. 7 § privatuthyrningslag (2026:772), checked 3 October 2026
Template: Tenancy agreement for letting a tenant-owned apartment
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Question 6: Declare the rent. Deduct the standard deduction of 40,000 kronor per home and year, and the part of the annual fee that relates to the letting, excluding capital contributions. The surplus is taxed at 30 per cent as capital income.
Then: The last question concerns letting that has already begun. Go to step 7.
42 kap. 30 § inkomstskattelag (1999:1229), checked 3 October 2026
42 kap. 31 § inkomstskattelag (1999:1229), checked 3 October 2026
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Question 7: Have you already sublet without consent?
Yes: Then the right of use may be forfeited. You cannot be given notice if you put it right as soon as possible after being told to, or apply to hyresnämnden as soon as possible and the application is granted.
No: Done. You may sublet with the board's yes or hyresnämnden's permission, for the period it applies.
7 kap. 18 § 1 a och 2 bostadsrättslag (1991:614), checked 3 October 2026
7 kap. 20 § första och andra stycket bostadsrättslag (1991:614), checked 3 October 2026
The answer
Which reasons are enough for hyresnämnden?
Sveriges Domstolar mentions letting to a close relative, an apartment you have bought to live in when you retire, and the apartment being temporarily hard to sell, normally for at most one year. Work or studies in another place and a trial period of living together also count. The permission is limited to a set period and can come with conditions (7 kap. 11 §).
Source: Sveriges Domstolar: Hyra ut bostadsrätt i andra hand, Bostadsrättslag (1991:614), 7 kap. (riksdagen.se).
Can the association charge a fee?
Only if the articles of association say so. The fee may be at most ten per cent of the price base amount per apartment and year, calculated per month if you sublet for part of a year (7 kap. 14 §). If you are more than a week late paying it, the right of use may be forfeited (7 kap. 18 §).
Source: Bostadsrättslag (1991:614), 7 kap. (riksdagen.se).
Which law applies to the tenancy agreement?
A tenancy agreement made from 1 July 2026 follows privatuthyrningslagen (2026:772). It applies when a private individual or an estate of a deceased person lets out a home, but not if you yourself hold the home as a rental apartment, regularly let out more than two apartments apart from your own home, or let for leisure purposes (1 kap. 1 och 3 §§). Terms in the agreement that are worse for the tenant than the law do not apply against the tenant (1 kap. 4 §).
Form requirements for new agreements
The agreement must be put in writing if you or the tenant ask for it (1 kap. 5 §). If the agreement runs until further notice, or states no rental period, it continues until someone gives notice (1 kap. 6 §). Notice must be in writing. The tenant may give notice orally only if you give a written acknowledgement (6 kap. 7 §). If the other party has given an email address for messages about the agreement, it is enough to send the notice there (6 kap. 8 §).
Notice period
An agreement that runs until further notice can be terminated by both you and the tenant for the end of a month at least three months after the notice (6 kap. 2 §). A fixed-term agreement ends when the term expires, but the tenant may always terminate it in the same way, with three months to the end of a month (6 kap. 1 §). The law gives no right to an extension. When the rental period has ended, the tenant must leave the home by 12 noon the next day, unless you have agreed otherwise (6 kap. 12 §).
Agreements from before 1 July 2026
Agreements made before 1 July 2026 still follow the older law (2012:978) om uthyrning av egen bostad (transitional provision 3). It applies only to the first apartment you let out, outside a business and not for leisure purposes; otherwise 12 kap. jordabalken applies (1 §). Under that law the tenant gives one month's notice and you give three, and the tenant has no right to an extension (3 §).
Source: Privatuthyrningslag (2026:772) (riksdagen.se), Lag (2012:978) om uthyrning av egen bostad (riksdagen.se), Sveriges Domstolar: Hyra ut egen bostad.
How much rent can you charge?
For agreements from 1 July 2026, you and the tenant agree on the rent, and it must be stated as a fixed amount. You may still agree that the tenant pays for heating, hot water, electricity and water according to consumption. If you have not agreed on the rent, a reasonable amount is paid (2 kap. 1 §). Rent is paid in advance, unless otherwise agreed, no later than the last working day before each new month (2 kap. 2 §).
The tenant can apply to hyresnämnden at any time for a change of rent. If the rent is substantially higher than what is generally charged for similar homes let under privatuthyrningslagen, the tribunal reduces it to a reasonable amount (2 kap. 5 §). The new rent applies from the date of the application, and what you have received in excess you repay with interest (2 kap. 6 §). So the law sets no limit based on your costs, but compares with other private lettings. You may also agree that the rent follows an index. It then changes after one year at the earliest and after written notice (2 kap. 4 §).
For agreements under the older law (2012:978), the rent may not markedly exceed the capital cost and running cost of the home (4 §). The capital cost is a reasonable rate of return on the home's market value, and Sveriges Domstolar gives a couple of percentage points above Riksbanken's reference rate as a guide. The running cost is, for example, the fee to the association, electricity and broadband.
Source: Privatuthyrningslag (2026:772) (riksdagen.se), Lag (2012:978) om uthyrning av egen bostad (riksdagen.se), Sveriges Domstolar: Hyra ut egen bostad.
How much tax do you pay?
You deduct a standard deduction of 40,000 kronor per home and year, and the part of the annual fee that relates to the letting, excluding capital contributions (42 kap. 30 och 31 §§ inkomstskattelagen). You can also deduct the fee you pay to the association for the subletting. The surplus is taxed at 30 per cent as capital income.
Skatteverket's example: you let for 12,000 kronor a month for eight months, so 96,000 kronor. The monthly fee is 6,800 kronor, of which 300 is a capital contribution, so you deduct 6,500 kronor for eight months, 52,000 kronor. The subletting fee is 100 kronor a month, 800 kronor. The surplus is 96,000 minus 40,000, 52,000 and 800, so 3,200 kronor, and the tax 960 kronor.
Source: Inkomstskattelag (1999:1229), 42 kap. (riksdagen.se), Skatteverket (the Swedish Tax Agency): Hyra ut privatbostad, bostadsrätt, småhus och hyresrätt.
What happens if you sublet without consent?
Then the right of use may be forfeited, meaning the association can terminate your tenancy (7 kap. 18 §). You cannot be given notice if you put it right as soon as possible after being told to, or if you apply to hyresnämnden as soon as possible and the application is granted (7 kap. 20 §).
Source: Bostadsrättslag (1991:614), 7 kap. (riksdagen.se).
Templates for subletting a tenant-owned apartment
Application to the board and rental agreement with the tenant. The guide shows what an application to hyresnämnden should contain, with link to the form. Subletting contract for a rental apartment is in the guide on how to sublet a rental apartment, and other contracts among templates for rental contracts. All templates on the site are collected under templates for the move.
Letter: Application for subletting to the association's board To: The board of the tenant-owners' association
The template is in Swedish because it goes to a Swedish recipient.
- You need the board's consent to sublet the apartment for independent use (7 kap. 10 § bostadsrättslagen).
- The association may charge a fee for subletting only if the articles of association say so, and at most ten per cent of the price base amount per year (7 kap. 14 §).
- If the board says no, hyresnämnden can grant permission if you have good reason and the association has no justified ground for refusing (7 kap. 11 §).
Document: Tenancy agreement for letting a tenant-owned apartment To: You and the tenant; each of you keeps a copyour advice
The template is in Swedish because it goes to a Swedish recipient.
- For agreements from 1 July 2026, privatuthyrningslagen (2026:772) applies. The tenant may always give notice for the end of a month at least three months after the notice (6 kap. 1 och 2 §§), and the notice must be in writing (6 kap. 7 §).
- If you sign the agreement before the association has said yes: state that it applies only if consent or permission is given (Sveriges Domstolar).
Guidance: Application to hyresnämnden to sublet the tenant-owned apartment To: Hyresnämnden where the apartment is located
The template is in Swedish because it goes to a Swedish recipient.
- Hyresnämnden can grant permission if you have good reason and the association has no justified ground for refusing. The permission is limited to a set period (7 kap. 11 § bostadsrättslagen).
Form HN1c at Sveriges Domstolar (pdf)
Common questions
Do I need the board's yes to let out a room?
Not if you stay living there and use the apartment as your permanent home, because the room is then not used independently. If the apartment is not used as a permanent home, every letting counts as independent use and requires consent (7 kap. 10 § bostadsrättslagen).
Can the association say no to a particular tenant?
Yes. Sveriges Domstolar writes that the association can have good cause to say no to letting to a subtenant who does not behave properly.
Does the tenancy agreement have to be in writing?
Yes, if you or the tenant request it, under 1 kap. 5 § privatuthyrningslagen. Notice of termination must always be in writing, except when the tenant gives notice and you confirm it in writing (6 kap. 7 §).
Do I need to declare the rent if it is under 40,000 kronor?
No. If there is no surplus after deductions you should not report the letting, according to Skatteverket.
Do the same tax rules apply in a non-genuine tenant-owners' association?
No. A home that does not count as a private home is taxed as business activity, and then the standard deduction does not apply, according to Skatteverket.
The law behind it
The sections summarised, with a link to the legal text on riksdagen.se.
7 kap. 10 § bostadsrättslag (1991:614), checked 3 October 2026
The tenant-owner may sublet the apartment for independent use only if the board consents. If the home is not used as a permanent home, or otherwise not to a noteworthy extent, each letting counts as independent use. Wording according to Lag (2026:776).
7 kap. 11 § bostadsrättslag (1991:614), checked 3 October 2026
If the board refuses, hyresnämnden can grant permission if the tenant-owner has good reason and the association has no justified ground for refusing. Earlier sublettings are taken into account only if they were substantial. The permission must be limited to a set period and can come with conditions. Wording according to Lag (2026:776).
Transitional provisions law amending bostadsrättslagen (2026:776), verified 5 October 2026
The amendments to, among others, 7 kap. 10-11 §§ entered into force on 1 July 2026. The new 7 kap. 10 § second paragraph does not apply to lettings made before entry into force.
7 kap. 14 § bostadsrättslag (1991:614), checked 3 October 2026
The association may charge a fee for subletting if the articles of association state so. The fee may correspond to at most ten per cent of the price base amount per apartment and year, calculated per calendar month for part of a year.
7 kap. 18 § 1 a och 2 bostadsrättslag (1991:614), checked 3 October 2026
The right of use is forfeited if the tenant-owner sublets the apartment without the necessary consent or permission (2), or is more than a week late with the fee for subletting a residential apartment (1 a).
7 kap. 20 § första och andra stycket bostadsrättslag (1991:614), checked 3 October 2026
The tenant-owner may not be given notice for unauthorised subletting if it is put right as soon as possible after being told to, or if they apply to hyresnämnden as soon as possible and the application is granted.
1 kap. 1 och 3 §§ privatuthyrningslag (2026:772), checked 5 October 2026
The law applies when an individual or an estate of a deceased person lets out a house or part of a house as a home. It does not apply if the landlord holds the apartment as a rental apartment, regularly lets out more than two apartments apart from their own home, or if the letting is for leisure purposes. In force from 1 July 2026.
1 kap. 4 § privatuthyrningslag (2026:772), checked 5 October 2026
Contract terms that are to the tenant's disadvantage compared with the law have no effect against the tenant, unless the law says otherwise.
1 kap. 5 § privatuthyrningslag (2026:772), checked 5 October 2026
The tenancy agreement must be drawn up in writing if the landlord or the tenant asks for it.
2 kap. 1 § privatuthyrningslag (2026:772), checked 5 October 2026
The landlord and the tenant must agree on the rent, and it must be set as a fixed amount. Heating, cooling, hot water, electricity and water and sewage may be paid according to consumption. If you have not agreed on the rent, or the agreement conflicts with this, a reasonable amount is paid.
2 kap. 2 § privatuthyrningslag (2026:772), checked 5 October 2026
Rent is paid in advance, unless otherwise agreed, no later than the last working day before each calendar month.
2 kap. 4 § privatuthyrningslag (2026:772), checked 5 October 2026
The parties may agree that the rent changes according to an index. The party who wants to change the rent gives written notice, and the new rent applies at the earliest from the turn of the month one month later. The previous rent must have applied for at least one year.
2 kap. 5 § privatuthyrningslag (2026:772), checked 5 October 2026
The tenant can apply to hyresnämnden for a change of rent. If the rent is substantially higher than what is generally charged for similar apartments let under the law, hyresnämnden reduces it to a reasonable amount.
2 kap. 6 § privatuthyrningslag (2026:772), checked 5 October 2026
Hyresnämnden's new rent applies from the date of the application, unless the tribunal decides otherwise. If the rent is reduced retroactively, the landlord must repay what was received in excess, with interest.
6 kap. 1 och 2 §§ privatuthyrningslag (2026:772), checked 3 October 2026
When a private individual lets, the tenant may always give notice on a fixed-term agreement, and an agreement that runs until further notice can be terminated, for the end of a month at least three months from the notice. The law applies from 1 July 2026; older agreements follow lagen (2012:978) om uthyrning av egen bostad.
6 kap. 7 § privatuthyrningslag (2026:772), checked 3 October 2026
Notice must be in writing, but the tenant may give notice orally if the landlord gives a written acknowledgement. Notice has been given when the recipient has received it.
6 kap. 8 § privatuthyrningslag (2026:772), checked 3 October 2026
If the recipient has given an electronic address for messages about the agreement, notice is deemed given when it was sent there; registered mail to the recipient's usual address counts from the time of posting.
transitional provisions privatuthyrningslag (2026:772), checked 5 October 2026
The law entered into force on 1 July 2026 and repealed lagen (2012:978) om uthyrning av egen bostad. The repealed law still applies to agreements made under it.
1 § lag om uthyrning av egen bostad (2012:978), checked 3 October 2026
The law applies when someone outside a business lets out a residential apartment for purposes other than leisure, but not subletting of a rental apartment. If more than one apartment is let out, the law applies only to the first. Otherwise 12 kap. jordabalken applies. Applies to agreements made before 1 July 2026; newer agreements follow privatuthyrningslagen (2026:772).
3 och 3 a §§ lag om uthyrning av egen bostad (2012:978), checked 3 October 2026
The agreement runs until further notice unless a fixed term is agreed; a fixed-term agreement may also be terminated early. The tenant gives notice for the end of a month at least one month after the notice, the landlord at least three months after, unless a longer period is agreed. The tenant has no right to an extension or to a new agreement under 12 kap. 46 a § jordabalken. Applies to agreements made before 1 July 2026; newer agreements follow privatuthyrningslagen (2026:772).
4 § lag om uthyrning av egen bostad (2012:978), checked 3 October 2026
In a dispute, hyresnämnden sets the rent at an amount that does not markedly exceed the capital cost (a reasonable rate of return on the market value) and the running costs, unless 12 kap. 55 § allows more; never higher than the agreement. A change is first requested in writing from the other party. Applies to agreements made before 1 July 2026; newer agreements follow privatuthyrningslagen (2026:772).
42 kap. 30 § inkomstskattelag (1999:1229), checked 3 October 2026
Payment received when a private home or a rental apartment is let out must be reported. Expenses are not deducted; instead a deduction of 40,000 kr per year and home is made, plus a deduction under section 31. The deduction may not exceed the income.
42 kap. 31 § inkomstskattelag (1999:1229), checked 3 October 2026
When a tenant-owned apartment is let out, the part of the fee that relates to the let part is deducted (excluding capital contributions); for a rental apartment, the part of the rent that relates to the let part; for a private-home property, 20 per cent of the income.